COVID crisis: We haven't stopped HCs, says SC, upset over lawyers’ remarks

The Supreme Court on April 23 made it clear that it has not transferred the cases involving measures to combat COVID pending in high courts to itself.

It allowed senior advocate Harish Salve to withdraw as amicus curiae (for assisting the court) for the case the apex court took on its own relating to essential supplies to combat COVID.

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The apex court reacted sharply to criticism that it wanted to take over COVID-related cases being heard by various high courts, saying senior lawyers were ascribing motives when there were none. Justice LN Rao, a part of bench headed by outgoing CJI SA Bobde, said that even without reading the order or it being released, “non-existent” intentions were being imputed.

“Is this the way orders are spoken of outside even when no orders passed?” Justice Rao asked.

The bench, which also comprises Justice S Ravindra Bhat, criticised senior advocate Dushyant Dave for his response to its order without reading the judgment. “We never said a word and did not stop the HC. We asked the Centre to go to HC and report to them. What kind of perception are you talking about! Talk about these proceedings,” the bench told Dave, adding, “you have imputed motives to us without reading the order.”

Dave, in response, said it was a genuine perception as the court had done it in the past.

The SC had said on Thursday (April 22) that the matter was being heard in several high courts, “creating some confusion” and “diversion of resources”. It said there is “almost a national emergency.” It asked the Centre to submit a “national plan” to deal with it.

The matters related to the pandemic involve the availability of oxygen, essential drugs, the vaccination process and cubs imposed following the spread of the pandemic.

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